Seymour v. Mechanics & Metals National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mechanics and Metals National Bank of the City of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of June, 1921, denying its motion to have its demurrer to the avoidances and partial avoidances pleaded in a second amended reply to its pleas of the Statutes of Limitations as defenses to the action sustained.
1Opinion of the Court
Laughlin, J.:
Under our system of practice and procedure, by which the courts may be called upon in advance of the trial to decide issues of law arising on the pleadings, we are often required to decide abstract propositions of law which, when the facts are fully developed on the trial, become quite immaterial and have no bearing on the final decision of the issues; and such very likely is the case presented by this appeal.
It is alleged in the complaint that on the 8th of October, 1917, plaintiff was appointed administrator with the will annexed of the estate of one Thomas Williams who died a…
2Cases cited17 opinions
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
- Ganley v. . Troy City National BankNew York Court of Appeals · 1885
- Lindemann v. RuskWisconsin Supreme Court · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- Bank of Am. Nat'l Trust & Sav. Ass'n v. CranstonCalifornia Court of Appeal · 1967
- Rose v. Dunk-Harbison Co.California Court of Appeal · 1935
- Bowling v. SS Kresge CompanySupreme Court of Missouri · 1968
- Mastellone v. Argo Oil Corp.Superior Court of Delaware · 1950
1 more not listed; retrieve them via the Exa API.